1st credit SD issued , HBOS debt **WON _ SET ASIDE**

[42man]

I'm moving this thread to Debt Collection Agencies too where you should get some more input/comment

[ODC]

What legislation did they quote on the Stat Demand. If it was English Law and not N.I. Law then it was not worth the paper it was written on.

[ScarletPimpernel]

42Man asked me to look at this thread because I'm based in NI.

 

It seems to me that there are several issues here:

 

The SD

 

As far as SD's are concerned, the law is differnet in NI (which is a seperate jurisdiction) in that the Insolvency Act 1986 does not apply. However, there is an NI Order which amounts to the same thing. For an SD served upon an individual based in Northern Ireland to be valid, it has to be served under the NI Order.

 

However, you can apply to the NI Court to have it set aside (as you have done).

 

PayPlan

 

Remember that PayPlan's role is to arrange repayment to the industry that funds them. They won't usually get involved in any dispute, just tell people to go to CAB.

 

Getting the SD set aside

 

You need to have a reason to get the SD set-aside. This is usually that the debt is formally disputed. In this case, I think you can also reasonably state that the SD was not properly served, and that it is an abuse of process, because you are already making payments through PayPlan.

 

It would be helpful to know more about the SD. Which debt is it for (rough amount), and who is the original creditor?

 

Lastly, which Court is the hearing at?

[Lilythepink]

:-Dthank you so much for replying,

I was beginning to think Nothern Ireland was on another planet,

and Payplan have just told me to go to CAB.

 

I realise now, I am on my own, and I will have to start and take advice from this site, as Payplan are being no help at all.

 

Firstly the SD was sent to Payplan, and they then sent it to me, so I only received it on 29/10.

 

Second, the original debt they say was with the Halifax,

I never had an account with them, but I recognise the a/c number, as a Bank of Scotland credit card.

 

I do not recognise the amount of money, as I do owe them around £5000 and they have only stated 2800.

 

I lodged the papers to set aside with RCJ in Belfast, I had to pay to get a solicitor to sign the papers.

 

I am claiming costs, and have used the fact that I am on a dmp since 2003, and with Payplan since 2005.

 

I have never missed a payment, and at the moment am only paying a token of £1.00, but have still never missed a payment.

Thanks again for any help you can give me.

 

huggi

[citizenB]

removed because I noticed the questions had been answered DUH !!. sorry:)

Edited November 7, 2008 by citizenB

[ScarletPimpernel]

Since Worst Cretins seem to be confused about the account, it will be interesting to see what they come up with in response to the CCA.

 

What's the betting that this will end up being another of !st Cretin's 'issued in error' SDs? They clearly do not understand that the NI Court Service ain't Northampton!

[Lilythepink]

I know it is very confusing, but frightening for me?

what is the difference between NI law and English Law?

You make me laugh when I am so so worried?

 

thanks:):)

[ScarletPimpernel]

In general, many laws are the same across the UK, but Scotland and Northern Ireland have some differences. In some cases, the law is specific to NI - section 75 of the Northern Ireland Act 1998 places a statutory obligation on public authorities to carry out their functions relating to NI with due regard to the need to promote equality of opportunity between, amongst others, persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation., for example. Other laws are essentially the same as the English version, but adapted for NI. An example of this would be the Limitation Act 1980; the NI equivalent is the Northern Ireland (Limitations) Order 1989.

 

The civil Court system in NI is quite different. The limit for small claims is lower in NI, and there are no bailiffs here, for example.

 

In terms of debt, a claim cannot be issued against a resident of NI through an Engish court, beause the English Court has ni jurisdiction in NI. A DCA cannot threaten bailiff action because there's no such thing here.

 

You will also find that the NI Order usually takes some time to follow the introduction of the English law. I gather that the delay is due to the usual squabble over printing it in Irish (just the same six words over and over, cause that's all Martin & Gerry can manage), or Ulster Scots.

 

You really can stop worrying; you have plenty of time to get squared away before the hearing, and you might even get another CAGGer to go and support you. I think I'm out of Belfast City at stupid o'clock that day.

Edited November 8, 2008 by ScarletPimpernel

[Lilythepink]

thank you so much, I know that if I won the lottery I would pay the whole lot off anyway. But thank god for Northern Ireland!!!

I do feel a little bit cofindent now, as I have felt so so guilty, and I know its the banks and the DCA'S that should be ashamed.

thanks again

:)

[ODC]

If the SD has been issued using English Law as opposed to Norn Iron law what is the point of even legitimising it by having it set aside. Worst Credit may send one of their local Solicitors from Wilson and Nesbit along

[Lilythepink]

Well I have lodged the papers and CCA'd First Credit, and am just about to CCA Connaught Collections.

I am just hoping that the court will contact me to say it has been set aside already, or why would the court recognise papers that were not stamped or anything? Strange

The 12 days will be up before my court hearing, and I am just praying that they don't attend.

 

Thanks

:|

[ODC]

The SDs are sent out directly by the DCAs and do not require a Court Stamp. The Court name is left blank so as you can take them to your local court. As I said earlier if these SDs were issued using English Legislation then they arent worth the paper they are printed on.

 

As for CONnaught and Worst Credit they are the same shower. I have this confirmed in writing by a solicitor acting on behalf of Worst Credit.

 

To use a local analogy its a bit like saying Sinn Fein and the IRA are different

[Lilythepink]

Enough said, I understand now, they are just using these tactics to frighten me into paying up. But who on earth would pay up nearly £3000 if they didn't understand where the debt came from.

[citizenB]

Enough said, I understand now, they are just using these tactics to frighten me into paying up. But who on earth would pay up nearly £3000 if they didn't understand where the debt came from.

 

 

Unfortunately, quite a few people would pay up if they didnt know they had certain rights in law. Debt collectors can and do use pretty scary tactics. Enter CAG

[Lilythepink]

Is there no law that the DCA's have to abide by, if I had not have found information on this excellent website, I was seriously thinking of packing my bags, and disappearing, and I would not like to think to do what, and yet they get away with it...., it is a disgrace.

:-x:-x

[citizenB]

Yep, it is called the Consumer Credit Act

 

However, the OFT and Trading Standards seem reluctant to act:mad: I am sorry I dont know if NI has a Trading Standards, perhaps Scarlet Pimpernel could advise you on that and also if it would be worth contacting them:)

[Lilythepink]

Yes we have a trading standards, and they have said that they are collecting evidence on DCA, and their bully boy tactics.

Will complain to them, when I get this SD out of the way.

 

:grin:

[citizenB]

Yes we have a trading standards, and they have said that they are collecting evidence on DCA, and their bully boy tactics.

Will complain to them, when I get this SD out of the way.

 

:grin:

 

Brilliant, that is some good news anyway.

[Lilythepink]

I have read an awful lot of threads over the weekend, and I am really worried re the SD hearing.

 

I was reading Vikingbird's experience, and I am worried because like Vikingbird I have not put an awful lot into my defence on the application to set aside,

 

I stated I had a repayment plan and that I was with payplan and also that the SD had been served on Payplan and not myself.

 

Now I know from experience that when a summons in the criminal court is not deemed served,

the RM immediately throws it out, and it has to be reserved.

 

I know this not because I have had a summons served on me for a criminal activity, but in the course of my work.

 

I have CCA'd First Credit on 4th November, and I am CCA's Connaught Collections tomorrow.

 

Does anyone think that I should try and add more to my defence, by sending more papers to the court,

or just wait and see what reply I get from First Credit.

 

I sent a copy of my application to First Credit and to Connaught Collections on Friday (Recorded) stating that the account is in dispute, and that I will be asking for costs.

Any thoughts on this?

:confused:

Edited November 9, 2008 by huggia91
How much can I claim for costs?

[Lilythepink]

First win, Connaught Collections have set aside the SD. and said court is cancelled.

Can't believe it.....:):)

But Eversheds have reassigned my Egg debt back to Egg, and then to Moorcraft....

[citizenB]

Phone the court first thing tomorrow and make absolutely certain this is true. It wouldnt be the first time a DCA or solicitor has said that court is cancelled and it hasnt been and they have won by default.

 

If this is true.. well done.

[ScarletPimpernel]

Connaught/1st Credit are utterly mendacious.

 

As citizenB says, phone the court to confirm that they've withdrawn.

[ODC]

Connaught cannot cancel the Court only the Court can tell you not to attend. I would advise you to attend the Court and have the Court officially have this SD set aside. Also claim your costs from CONnaught and punish them for their greed and Stupidity.

[Lilythepink]

thanks everyone for advice, will phone in the morning, and see what they advise. How do I go about claiming costs, without going to court?

I just can't believe that they actually replied!!!!

Could I not show the letter that they sent to the court?

[ODC]

You will find it impossible to claim costs without going to Court. As you know the muppets are not going to turn up its a simple matter for you to appear and ask for the SD to be Set Aside. You should send a copy of your costs to the Court and CONnaught at least 24 hrs before the Court Date.